State of New South Wales v Ceissman (No 2) [2018] NSWSC 1237

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Ceissman (No 2) [2018] NSWSC 1237 Hearing dates: 26-28 June 2018 Date of orders: 18 July 2018 Decision date: 22 October 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to the terms of s 25 of the Terrorism (High Risk Offenders) Act 2017 (NSW), the Court makes an extended supervision order in respect of the defendant, Greg Ceissman commencing on 18 July 2018 for a period of 2 years.

(2) Pursuant to s 29 of the Terrorism (High Risk Offenders) Act 2017 (NSW), the defendant is directed to comply with the conditions set out in the attached "Extended Supervision Order Schedule of Conditions" for the period of the Extended Supervision Order.

(3) Each of the plaintiff and the defendant has liberty to apply in relation to the conditions in the attached "Extended Supervision Order Schedule of Conditions" within two months of the date of this order made 18 July 2018. Catchwords: HIGH RISK OFFENDER – Terrorism Allegation – Factual Analysis – no issue of principle – ESO issued Legislation Cited: Crimes Act 1900 (NSW), s 310J Criminal Code Act 1995 (Cth), Pt 5.3 Evidence Act 1995 (NSW), s 165 Terrorism (High Risk Offenders) Act 2017 (NSW), ss 4, 8, 9, 10, 20, 20(a), 20(b), 20(c), 20(d), 20D, 21, 25, 27, 28(6), 28(7) Uniform Civil Procedure Rules 2005 (NSW), rr 36.2, 36.3 Cases Cited: Carr v Baker (1936) SR (NSW) 301 Fabre v Arenales (1992) 27 NSWLR 437 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Jones v Southerland Shire Council [1979] 2 NSWLR 206 Kentwell v R (No 2) [2015] NSWCCA 96 Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 R v Lewis [2014] NSWSC 1127 State of New South Wales v Thurston [2018] NSWSC 421 State of NSW v Ceissman [2018] NSWSC 508 State of NSW v Hill (No 5) [2013] NSWSC 140 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (DSM–5), (5th ed, 2013, American Psychiatric Association) Rothman J, 'Equal Justice, Mandatory Sentencing and the Rule of Law' (speech delivered at the Legal Aid Commission Conference, 2 July 2014) Category: Principal judgment Parties: State of NSW (Plaintiff) Greg Ceissman (Defendant) Representation: Counsel: P Neil SC / I Fraser (Plaintiff) M Johnston SC / A Cook (Defendant)